She Said She Couldn’t Work. The Court Didn’t Buy It, and Neither Did the Appeals Court, Sort Of

Child support disputes often hinge on a parent’s actual ability to earn income, not just what they currently report. When one parent claims they physically cannot hold a job, Florida courts have to decide whether to take that claim at face value, and a recent appellate decision shows just how closely that claim gets examined.

Background of the case

In this case, the former wife argued she was unable to work outside the home due to ongoing medical issues. She and her physician both testified to this at trial. The former husband disagreed, asking the court to impute income to her for purposes of calculating child support and alimony, arguing that her unemployment was voluntary rather than medically required.

The trial court, acting as the judge of credibility, did not believe the wife’s and doctor’s testimony. With both children now in school full time and no medical restriction the court found credible, the trial judge concluded the wife was voluntarily unemployed and imputed a specific income figure to her.

The appeal

On appeal, the wife argued the trial court had no basis to reject unrebutted medical testimony. The appellate court disagreed, explaining that a trial judge is entitled to reject even unchallenged expert testimony if the judge finds it lacks credibility, and there was competent evidence in the record to support that conclusion.

Where the wife succeeded was on a narrower point. Florida law requires more than just a finding of voluntary unemployment. The party asking the court to impute income must also present solid evidence supporting the specific dollar amount being requested, tied to recent work history, qualifications, and prevailing wages in the community. The appellate court found that step had not been satisfied here, reversed the amount imputed, and sent the case back for further evidence on that narrower issue.

Key takeaways from the case

A finding that a parent is voluntarily unemployed is only half the battle. The other parent still has to prove what that parent could realistically be earning, with real evidence rather than a guess. Parents on both sides of these disputes benefit from understanding that the burden of proof does not end once voluntary unemployment is established.

Contact Our Largo, FL, Child Support Lawyer Today

If a former spouse is questioning your ability to work, or you believe your child’s other parent is earning far less than they are capable of, the details matter. Our Largo child support lawyers at Cairns Law, P.A. can help gather the evidence these cases actually require. Contact our office to discuss what’s going on in your case.

Source:

case-law.vlex.com/vid/mcduffie-v-mcduffie-no-886665846